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Use case · HR & employment

One worker, several countries: which social-security legislation applies

A worker splits time between Slovakia and the Czech Republic. Research the applicable legislation, the 25% test and the A1 route, and draft the note for payroll.

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azta
Employee lives in Slovakia, employed by a Czech company. Works 3 days a week in the Czech Republic and 2 days in Slovakia. Which country’s social-security legislation applies under Regulation 883/2004, and how is the A1 obtained?
SK · CZ · EU
Researching

Searching EUR-Lex · Curia

Searching Slov-Lex

Searching e-Sbírka

One legislation at a time. Under the EU coordination rules, a person is subject to the social-security legislation of one member state only, even when working in several.
The substantial-activity test. A person who normally works in two or more member states is subject to the legislation of the state of residence if a substantial part of the activity, 25% or more of working time or remuneration, is pursued there.
Otherwise, the employer’s state. If the substantial part is not pursued in the state of residence, the legislation of the state where the employer has its registered office or place of business applies.
Tax is a separate question. Where the income is taxed follows the tax treaty and national law, not the social-security rules. The note should keep the two apart.
Draft the payroll note
multi-state-worker-legislation.docx
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Applicable social-security legislation: technician, Bratislava

The employee normally works in two member states: the Czech Republic and Slovakia, the state of residence. About 40% of working time is spent in Slovakia.

Because 25% or more of the working time is pursued in the state of residence, Slovak legislation applies. Contributions are due in Slovakia, and the Czech employer must meet the obligations of an employer under Slovak law.

Next steps. Apply to the Slovak competent institution, as the institution of the state of residence, for a determination and the A1 certificate. Review the pattern if the split of working time changes.

Sources · EUR-Lex · Curia · Slov-Lex · e-Sbírka
Saved

A replay of this page’s example. In azta every line of the answer carries a citation that opens the provision itself.

The situation

A worker’s working pattern across two countries

A payroll provider runs payroll for a Czech employer. One technician lives in Bratislava and now works three days a week in Brno and two at client sites in Slovakia. The employer asks where social contributions should be paid.

The rule is in the EU coordination regulations, and it turns on numbers: how much of the work happens in the country of residence. The note has to explain the test, the result and what to file.

What the research has to settle

The rules behind the answer

One legislation at a time
Under the EU coordination rules, a person is subject to the social-security legislation of one member state only, even when working in several.
The substantial-activity test
A person who normally works in two or more member states is subject to the legislation of the state of residence if a substantial part of the activity, 25% or more of working time or remuneration, is pursued there.
Otherwise, the employer’s state
If the substantial part is not pursued in the state of residence, the legislation of the state where the employer has its registered office or place of business applies.
Tax is a separate question
Where the income is taxed follows the tax treaty and national law, not the social-security rules. The note should keep the two apart.

How it runs in azta

From the question to the document

The question, as you would type it

Employee lives in Slovakia, employed by a Czech company. Works 3 days a week in the Czech Republic and 2 days in Slovakia. Which country’s social-security legislation applies under Regulation 883/2004, and how is the A1 obtained?
  1. You start with

    A worker’s working pattern across two countries

  2. 01

    Describe the working pattern

    Give residence, employer, days per country and how pay is split. azta searches the EU coordination regulations and the national rules.

    Cited research· Free
  3. 02

    Read the provisions

    Each step of the test is cited. Open the provision to read it in the original language.

    Atlas statute reader
  4. 03

    Draft the payroll note

    Ask for a note with the test applied, the result and the A1 steps. Edit it in Canvas.

    Canvas · Ask azta· Pro
  5. 04

    Reuse it for the next worker

    On Enterprise, save the note as a template so the next multi-state case starts from the same structure.

    Firm templates· Enterprise
  6. You send

    A note for payroll on the applicable legislation and the A1 application

What you get

A note for payroll on the applicable legislation and the A1 application

Payroll note · draft

Applicable social-security legislation: technician, Bratislava

The employee normally works in two member states: the Czech Republic and Slovakia, the state of residence. About 40% of working time is spent in Slovakia.

Because 25% or more of the working time is pursued in the state of residence, Slovak legislation applies. Contributions are due in Slovakia, and the Czech employer must meet the obligations of an employer under Slovak law.

Next steps. Apply to the Slovak competent institution, as the institution of the state of residence, for a determination and the A1 certificate. Review the pattern if the split of working time changes.

Illustrative excerpt. A real draft is built from your facts and cites the provisions it relies on.

Outcomes on your numbers

What azta is worth on this task

Pro pays for itself after

24 minutes a month

At €70 an hour, that is all the time Pro (€27 a month) has to take off your desk to cover its price.

Example figures. Replace them with your own.

10%50%
Hours back a year
36
Capacity at your rate
€2,520
More applicable-legislation notes a quarter
3
Return on Pro
7.8×
Hours a year on this task
Today144 h
Your scenario108 h
  • Research
  • Drafting
  • Your review

A scenario you set, not a promise. The hours that come back go to another client, or deeper into this one.

Want these numbers on your team’s real workload?

Book a demo

Sources azta searches here

  • EUR-Lex · Curia
  • Slov-Lex
  • e-Sbírka
See the full source register

What stays with you

  • Confirming the working pattern with the employer and the employee.
  • Registering the employer in the competent country.
  • Agreeing the treatment with the employer before the next payroll run.

Frequently asked questions

Does azta calculate the contributions?
No. It establishes which legislation applies and why, and drafts the note. The payroll calculation stays in your payroll system.
Does it cover posting as well as multi-state work?
Yes. Describe the assignment and azta researches whether the posting rules or the multi-state rules apply.
Can I ask about the tax side too?
Yes. Ask separately about where the salary is taxed. azta cites the tax treaty and the national rules.

Book a demo

See the payroll note built from your own case.

Bring a real question and watch azta research it and draft the document. If your team would use it, we set up Enterprise with your templates and workspaces.

  1. 1

    Bring a real question

    One from this week, with the facts you would give a colleague.

  2. 2

    We run it in azta with you

    You watch the research and open the citations against the provision.

  3. 3

    You see the draft it produces

    Then we plan a trial with your team, if it fits your work.

  • Client data is never used for training
  • Data stays in the EU/EEA
  • Shared workspaces, templates and SSO on Enterprise

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